Rodriguez v. Ohera

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/22/14 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE A. RODRIGUEZ,

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No. 2:14-cv-2604-TLN-EFB P

Plaintiff,

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v.

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OHERA,

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ORDER

Defendant.

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Plaintiff is a county inmate proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He asserts a claim arising out of events that occurred at the West County

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Detention Facility in Richmond, California.

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A civil action, other than one based on diversity jurisdiction, must be brought in “(1) a

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judicial district where any defendant resides, if all defendants reside in the same State, (2) a

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judicial district in which a substantial part of the events or omissions giving rise to the claim

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occurred, or a substantial part of property that is the subject of the action is situated, or (3) a

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judicial district in which any defendant may be found, if there is no district in which the action

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may otherwise be brought.” 28 U.S.C. § 1391(b).

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The West County Detention Facility is in Contra Costa County. Because Contra Costa

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County lies within the venue of the Northern District of California, venue properly lies in that

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district and not in this one. See 28 U.S.C. § 1391(b); 28 U.S.C. § 84(a).
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Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Northern

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District of California. See 28 U.S.C. § 1406(a).

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Dated: December 22, 2014.

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